Criminal Appeal against an order refusing bail. The High Court allowed the appeal and set aside the impugned order, releasing the appellant on bail subject to a personal bond and two sureties.
Appellant released on bail on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to be satisfied by the Trial Court.
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[2024:RJ-JD:10464]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 203/2024
Jagdish Kumar S/o Pema Raj @ Premraj, Aged About 35 Years, R/o Kharda Charnan Police Thana Gida District Barmer (At Present Lodged In District Jail Barmer)
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. Jitendra Ojha |
|---|---|
| For Respondent(s) | : Mr. Shrawan Kumar,PP |
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
01/03/2024
The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.218/2023 registered at Police Station Gida, District Barmer, for the offences under Sections 450, 376(2) (n), 506 IPC and Sections 3(1) (B) (ii), 3 (2) (v) (va) of SC/ST Act.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He further submits that complainant is major and married woman and she developed physical relation with the appellant on her free will and consent from long time. Learned counsel submits that appellant is behind the bars and trial may take long time to conclude thus, he deserves to be enlarged on bail.
(2 of 2)
[2024:RJ-JD:10464]
[CRLAS-203/2024]
Learned Public Prosecutor opposed the bail application.
Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 3.1.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer is set aside. It is ordered that the accused-appellant - Jagdish Kumar S/o Pema Ram @ Premraj arrested in connection with aforesaid FIR , shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(YOGENDRA KUMAR PUROHIT),J
178-Arti/-
2 issues framed by the court
Whether the appellant deserves bail given that the complainant is a married major woman and the physical relation was consensual.
Whether bail can be granted sparing personal bond and two sureties tickets from the district jail.
3 provisions across 2 enactments
Jagdish Kumar S/o Pema Raj @ Premraj
State Of Rajasthan
Smt Sayar W/o Hemaram
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
